O.S. 22, section 991a requires the Department of Corrections be responsible for the monitoring and administration of client restitution of those clients under its direct supervision and to ensure restitution payments are forwarded to the victim.
Waiver of Restitution
Amendments or alterations to the restitution order may be made upon the court’s own motion; petition by the crime victim or petition by the client. A special report may be submitted to the sentencing court recommending waiver or extension of the time in which to pay the restitution. Restitution payment obligations may only be waived by the sentencing court.
When restitution is ordered to be collected by the department, it will be collected as outlined in the sentencing documents. All monies collected must be in the form of a cashier’s check or money order and will be receipted by the client’s supervising officer using the “Field Collection” screen on the OBS secure website. The receiving officer will make two copies of the Restitution/Fees Receipt. One copy will be given to the client and the second copy will be attached to the payment instrument and remitted to Restitution Accounting daily.
When restitution is required as a condition of parole as indicated on the parole certificate, the supervising officer will contact the appropriate district attorney’s office to determine the amount of restitution owed, name of victim, and current address of the victim(s). The supervising officer will forward this information in a special report to the Restitution Accounting office.
Restitution Order Modification
If the amount of restitution or the identity of the victim cannot be established, a special report stating this will be forwarded to the district supervisor for forwarding to the Pardon and Parole Board for a modification of the condition.
1. Payment Schedule – A monthly payment schedule will be established so that the client may complete all restitution payments by the expiration of parole supervision. The “Financial Plan” will be utilized to schedule restitution payments for parolees. A copy of the financial plan with monthly payment schedule is to be forwarded to restitution accounting.
2. The method of collection of restitution will be the same as in paragraph 1 above.
O.S. 22, section 991d, paragraph A3, provides for a reasonable user fee to be collected to cover the expenses of administration of the restitution. A $1.00 processing fee is therefore collected for each money order. This fee collection process is automated; therefore, OBS cannot accept a $1.00 money order for payment of restitution. If a $1.00 money order is received with another money order for restitution, add the dollar to the larger amount and enter them as one payment. If the serial numbers are in sequence, enter the number of the first money order followed by a dash with the last number of the second money order. (Example: 12345678-9)
Failure to Pay Restitution
When a client is 60 days delinquent in the payment of restitution, sanctions are normally applied. District offices will access the OBS system to provide information of delinquent client payments.
Restitution Obligation Entry
Restitution obligations, when ordered by the court, will be entered using the “Restitution Manager” entry screen. When entering a new restitution obligation initial mandatory entry data includes:
• Client’s DOC#
• County and Court Case #
• Sentence Date and Date of Loss
• Amount of restitution ordered by the court
• Start Collection Date
• Maximum payment ordered by the court (no limit, monthly, yearly)
• If interest is ordered by the court then required annual interest rate will be entered.
• Identify whether the obligation is ‘jointly/severally owed’.
• Victim information will be entered in the victim information fields to include amounts owed to each victim of the total ‘amount owed.’
• The default priority number for each and every victim to include “unknown” is 99. If a priority order is established by court that priority sequence will be entered into the ‘priority field.’
• If for some reason a ‘payment hold’ is placed on the victim, then that box will be checked.